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HomeMy WebLinkAbout2005-1728.Giroux et al.06-12-18 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2005-1728,2005-1747 UNION# 2005-0248-0099,2005-0248-0100 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Giroux et al.) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Marilyn Nairn Scott Andrews Grievance Officer Ontario Public Service Employees Union Timothy Bingham Staff Relations Officer Ministry of Community Safety and Correctional Services December 5,2006. Union Employer Vice-Chair 2 Decision The parties have agreed to an expedited mediation-arbitration process to determine grievances at the Hamilton-Wentworth Detention Centre. It is not necessary to reproduce the entire protocol here. Suffice to say that the parties have agreed to attempt to resolve matters at mediation, failing which, they have agreed to utilize an expedited arbitration process. In addition, if it becomes apparent to either party, or to the Vice-Chair, that the issues involved in a particular case are of a complex nature, the case may be taken out of the expedited process and processed through 'regular' arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to, and at the hearing, and leads to a fair and efficient adjudication process. At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons. The grievances are from Nurses who are seeking payment of a $3.00 per hour weekend premium. The Nurses are regularly required to perform weekend work. Similarly, Correctional Officers are required to work on weekends. In accordance with Article COR6.1.3 of the collective agreement for the correctional bargaining unit, Correctional Officers receive a $3.00 per hour premium for such work. These Nurses seek that same payment. However, there is no such corresponding collective agreement provision applicable to the Nurses. Their terms and conditions of employment are set out in the collective agreement for the unified bargaining unit; Nurses being part of the institutional and health care classification group. Shift premium payments for Nurses are set out in Article UN6 of that collective agreement. Such differentiation in treatment does not constitute discrimination contrary to the collective agreement or applicable legislation as the difference in treatment is not based on any prohibited ground. Having carefully reviewed the evidence presented and the submissions of the parties, I find that there has been no violation of the collective agreement. These grievances are therefore dismissed. Dated at Toronto, Ontario, this 18th day of December 2006.